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Do I have to have his father's consent to drop the last name?

Do I have to have his father's consent to drop the last name?

Full question:

My son has my last name and his fathers last name. I am wondering how I go about dropping his fathers last name. Do I have to have his father's consent to drop the last name? My husband (who is not my child's biological father) wants to adopt my son. What is the process to make that happen. Does that also require his biological father's consent?

Category: Minors
Date: 04/07/2025
State: California

Answer:

Must the parent(s) of the minor agree to the name change? The agreement of the parent(s)and legal guardian, if any, are not required by statute. In the absence of written consent, the Court will order notice of the Application be served on any non-consenting parent or legal guardian. The objections of a parent or legal guardian would be factors for the court to consider in determing whether the name change is in the best intersets of the minor. If both parents are living and do not join in the Petition, the Court may deny the Petition in whole or in part if it finds that the name change is not in the best interest of the child.

As far as an adoption is concerned, generally the child's birth parents must voluntarily give up his/her parental rights by signing a document stating accordingly in order for another party to initiate an adoption proceeding.

Please see the information at the following links:

http://lawdigest.uslegalforms.com/name-change/index.php?dID=625
http://www.weblocator.com/attorney/ca/law/c08.html

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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a child have the father's last name without his consent?

In most cases, a child can have the father's last name even if the father does not consent. However, if the biological father is alive and has legal rights, his objections may be considered by the court when deciding if a name change is in the child's best interest. If both parents are involved, the court may deny the request if it finds that the change is not beneficial for the child.

How much is it to change a child's last name on a birth certificate?

The cost to change a child's last name on a birth certificate varies by state. Generally, you may need to pay a filing fee, which can range from $50 to $150. Additional costs may include attorney fees or costs for obtaining a new birth certificate. It's best to check with your local vital records office for specific fees and procedures.

How do I remove the father's last name?

To remove the father's last name from your child's name, you typically need to file a petition for a name change in court. You may not need the father's consent, but the court will consider his rights and objections. If the father contests the name change, the court will evaluate whether the change is in the child's best interest before making a decision.